RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00829 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable or general discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He was young and immature when he entered military service. He had difficulty coping with the stress of military service. He did not want to stay in the military. The applicant’s complete submission is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: On 10 Oct 58, the applicant commenced his enlistment in the Regular Air Force. On 23 Aug 60, the applicant was tried by a general court-martial for two specifications for stealing $142.00 from a store and a pistol valued at $68.00. The applicant pled guilty and was found guilty of stealing. He was sentenced to a bad conduct discharge (BCD), six months confinement, and forfeiture of $55.00 per month for six months. On 22 Sep 60, the convening authority approved the findings and sentence as adjudged. On 12 Oct 60, the Board of Review approved and affirmed the findings and sentence. On 9 Feb 61, the applicant met a Clemency Review Board and the Board remitted the unexecuted portions of the applicant’s punishment and suspended his BCD until 9 Aug 61. On 12 Nov 61, the applicant was furnished an under other than honorable conditions (UOTHC) discharge and was credited with two years, eight months, and eight days of active service. On 18 Nov 13, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit E). As of this date, no response has been received by this office. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial to upgrade the applicant’s discharge noting he has not identified any error or injustice in the processing of his court-martial. The applicant plead guilty to two specifications of theft. The discharge characterization the applicant received was not a direct result of his court- martial as his BCD was remitted in Aug 61 on the basis of clemency. While the AFBCMR may grant clemency and upgrade his UOTHC discharge, it would be unfair to those who honorably served their country while in uniform. Congress’ intent in setting up the Veteran’s Benefits Program was to express thanks for veterans’ personal sacrifices, separations from family, facing hostile enemy actions, and suffering financial hardship. It would be offensive to all those who served honorably to extend the same benefits to someone who committed crimes such as the applicant’s while on active duty. A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 May 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant is requesting his UOTHC discharge be upgraded. We took notice of the applicant’s complete submission and found no evidence which to warrant a change in his characterization. We note that this Board is without authority to reverse, set aside, or otherwise expunge a court-martial conviction. Rather, in accordance with Title 10, United States Code, Section 1552(f), actions by this Board are limited to corrections to the record to reflect actions taken by the reviewing officials and action on the sentence of the court-martial for the purpose of clemency. However, the applicant has not identified any errors or injustices with the court-martial proceedings. As a result of the court-martial conviction he was sentenced a BCD. However, while in confinement the applicant went before a Clemency Review Board, and the unexecuted portion of his punishment and BCD was remitted by the Board and he was furnished a UOTHC discharge and we are not convinced by the evidence of record that the applicant’s UOTHC discharge represents an error or injustice. In the interests of justice, we considered upgrading the applicant’s UOTHC discharge on the basis of clemency. However, in the absence of any evidence related to the his post-service activities that would enable the Board to determine if his accomplishments since his discharge are sufficient to overcome the misconduct for which he was discharged, we find no basis upon which to favorably consider this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00829 in Executive Session on 19 Dec 13, under the provisions of AFI 36-2603: , Chair , Member , Member ? The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00829 was considered: Exhibit A. DD Form 149, dated 1 Feb 13. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 29 Apr 13. Exhibit D. Letter, SAF/MRBR, dated 10 May 13. Exhibit E. Letter, AFBCMR, dated 18 Nov 13, w/atch. 1 2